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PAG LIN 1 1 Section 1. Section 479.29, Code 1997, is amended to read 1 2 as follows: 1 3 479.29CONSTRUCTION STANDARDSLAND RESTORATION. 1 4 1. The board shall, pursuant to chapter 17A, adopt rules 1 5 establishing standardsfor the protection of underground1 6improvements during the construction of pipelines, to protect1 7soil conservation and drainage structures from being1 8permanently damaged by pipeline construction andfor the 1 9 restoration of agricultural lands after pipeline construction. 1 10To ensure that all interested persons are informed of this1 11rulemaking procedure and are afforded a right to participate,1 12the board shall schedule an opportunity for oral presentations1 13on the proposed rulemaking, and, inIn addition to the 1 14 requirements of section 17A.4, the board shall distribute 1 15 copies of the notice of intended action and opportunity for 1 16 oral presentations to each county board of supervisors. Any 1 17 county board of supervisors may, under the provisions of 1 18 chapter 17A, and subsequent to the rulemaking proceedings, 1 19 petition under those provisions for additional rulemaking to 1 20 establish standardsto protect soil conservation practices,1 21structures and drainage structuresfor land restoration after 1 22 pipeline construction within that county. Upon the request of 1 23 the petitioning county the board shall schedule a hearing to 1 24 consider the merits of the petition.Rules adopted under this1 25section shall not apply within the boundaries of a city,1 26unless the land is used for agricultural purposes.Rules 1 27 adopted under this section shall not apply to land located 1 28 within city boundaries, unless the land is used for 1 29 agricultural purposes. Rules adopted under this section shall 1 30 address, but are not limited to, all of the following subject 1 31 matters: 1 32 a. Topsoil separation and replacement. 1 33 b. Temporary and permanent repair to drain tile. 1 34 c. Removal of rocks and debris from the right-of-way. 1 35 d. Restoration of areas of soil compaction. 2 1 e. Restoration of terraces, waterways, and other erosion 2 2 control structures. 2 3 f. Revegetation of untilled land. 2 4 g. Future installation of drain tile or soil conservation 2 5 structures. 2 6 h. Restoration of land slope and contour. 2 7 i. Restoration of areas used for field entrances and 2 8 temporary roads. 2 9 j. Construction in wet conditions. 2 10 k. Designation of a pipeline company point of contact for 2 11 landowner inquiries or claims. 2 12 2. The county board of supervisors shall cause an on-site 2 13 inspection for compliance with the standards adopted under 2 14 this section to be performed at any pipeline construction 2 15 project in the county. A licensed professional engineer 2 16 familiar with the standards adopted under this section and 2 17 registered under chapter 542B shall be in responsible charge 2 18 of the inspection. A county board of supervisors may contract 2 19 for the services of a licensed professional engineer for the 2 20 purposes of the inspection. The reasonable costs of the 2 21 inspection shall be borne by the pipeline company. 2 22 3. If the inspector determines that there has been a 2 23 violation of the standards adopted under this section, of the 2 24 land restoration plan, or of an independent agreement on land 2 25 restoration or line location executed in accordance with 2 26 subsection 10, the inspector shall give oral notice, followed 2 27 by written notice, to the pipeline company and the contractor 2 28 operating for the pipeline company and order corrective action 2 29 to be taken in compliance with the standards. The costs of 2 30 the corrective action shall be borne by the contractor 2 31 operating for the pipeline company. 2 324. As a part of the inspection process, the inspector2 33shall ascertain that the trench excavation has been filled in2 34a manner to provide that the topsoil has been replaced on top2 35and rocks and debris have been removed from the topsoil of the3 1easement area. An existing topsoil layer extending at least3 2one foot in width on either side of the pipeline excavation at3 3a maximum depth of twelve inches shall be removed separately3 4and shall be stockpiled and preserved separately during3 5subsequent construction operations, unless other means for3 6separating the topsoil are provided in the easement. The3 7topsoil shall be replaced so the upper portion of the pipeline3 8excavation and the crowned surface shall contain only the3 9topsoil originally removed.3 105.4.Adequate inspection ofThe inspector shall 3 11 adequately inspect underground improvements altered during 3 12 construction of pipeline. The inspection shall be conducted 3 13 at the time of the replacement or repair of the underground 3 14 improvements.AnThe inspector shall be present on the site 3 15 at all times at each phase and separate activity of the 3 16 opening of the trench, the restoration of underground 3 17 improvements, and backfilling. The pipeline company and its 3 18 contractor shall keep all county inspectors continually 3 19 informed of the work schedule and any schedule changes. If 3 20 proper notice is given, construction shall not be delayed due 3 21 to the inspector's failure to be present on the site. 3 226.5. If the pipeline company or its contractor does not 3 23 comply with the orders of the inspector for compliance with 3 24 the standards, with the land restoration plan, or with an 3 25 independent agreement on land restoration or line location 3 26 executed in accordance with subsection 10, the county board of 3 27 supervisors maydirect the county attorney to petition the3 28district courtpetition the board for an order requiring 3 29 corrective action to be taken in compliance with the standards 3 30 adopted under this section. In addition, the county board of 3 31 supervisors may file a complaint with the board seeking 3 32 imposition of civil penalties pursuant to section 479.31. 3 337.6. The pipeline company shall allow landowners and 3 34 inspectors to view the proposed center line of the pipeline 3 35 prior to commencing trenching operations to insure that 4 1 construction takes place in its proper location. 4 28.7. An inspector may temporarily halt the construction 4 3 if the construction is not in compliance with the law and the 4 4 standards adopted pursuant to law, the land restoration plan, 4 5 or the terms ofthean independent agreement with the pipeline 4 6 company regardingtopsoil removal and replacement, drainage4 7structures, soil moisture conditions or the location of4 8constructionline location or land restoration executed in 4 9 accordance with subsection 10, until the inspector consults 4 10 with the supervisory personnel of the pipeline company.If4 11the construction is then continued over the inspector's4 12objection and is found to not be in compliance with the law or4 13agreement and is found to cause damage, any civil penalty4 14recovered under section 479.31 as a result of that violation4 15shall be paid to the landowner.4 169.8. The board shall instruct inspectors appointed by the 4 17 board of supervisors regarding the content of the statutes and 4 18 rules and the inspector's responsibility to require 4 19 construction conforming with the standards provided by this 4 20 chapter. 4 2110.9.Any underground drain tile damaged, cut, or removed4 22shall be temporarily repaired and maintained as necessary to4 23allow for its proper function during construction of the4 24pipeline. If temporary repair is not determined to be4 25necessary, the exposed line will nonetheless be screened or4 26otherwise protected to prevent the entry of any foreign4 27material, small animals, etc. into the tile line system.4 28 Petitioners for a permit for pipeline construction shall file 4 29 with the petition a written land restoration plan showing how 4 30 the requirements of this section, and of rules adopted 4 31 pursuant to this section, will be met. The petitioners shall 4 32 provide copies of the plan to all landowners of property that 4 33 will be disturbed by the construction. 4 34 10. This section does not preclude the application of 4 35 provisions for protecting or restoring property that are 5 1 different than those prescribed in this section, in rules 5 2 adopted pursuant to this section, or in the land restoration 5 3 plan, if the alternative provisions are contained in 5 4 agreements independently executed by the pipeline company and 5 5 landowner, and if the alternative provisions are not 5 6 inconsistent with state law or with rules adopted by the 5 7 board. Independent agreements on land restoration or line 5 8 location between the landowner and pipeline company shall be 5 9 in writing and a copy provided to the county inspector. 5 10 11. For purposes of this section, "construction" includes 5 11 the removal of a previously constructed pipeline. 5 12 12. The requirements of this section shall apply only to 5 13 pipeline construction projects commenced on or after June 1, 5 14 1998. 5 15 Sec. 2. Section 479.45, Code 1997, is amended to read as 5 16 follows: 5 17 479.45 PARTICULAR DAMAGE CLAIMS. 5 18 1. Compensable losses shall include, but are not limited 5 19 to, all of the following: 5 20 a. Loss or reduced yield of crops or forage on the 5 21 pipeline right-of-way, whether caused directly by construction 5 22 or from disturbance of usual farm operations. 5 23 b. Loss or reduced yield of crops or yield from land near 5 24 the pipeline right-of-way resulting from lack of timely access 5 25 to the land or other disturbance of usual farm operations, 5 26 including interference with irrigation. 5 27 c. Fertilizer, lime, or organic material applied by the 5 28 landowner to restore land disturbed by construction to full 5 29 productivity. 5 30 d. Loss of or damage to trees of commercial or other value 5 31 that occurs at the time of construction or at the time of any 5 32 subsequent work by the pipeline outside of the area cleared 5 33 during construction. 5 341.e. The cost of moving or relocating livestock, and the 5 35 loss of gain by or the death or injury of livestock caused by 6 1 the interruption or relocation of normal feedingof the6 2livestock caused by the construction or repair of a pipeline6 3is a compensable loss and shall be recognized as such by a6 4pipeline company. 6 5 f. Erosion on lands caused by construction. 6 6 2. A claim for damage for future crop deficiency within 6 7 the easement strip shall not be precluded from renegotiation 6 8 under section 6B.52 on the grounds that it was apparent at the 6 9 time of settlement unless the settlement expressly releases 6 10 the pipeline company from claims for damage to the 6 11 productivity of the soil. The landowner shall notify the 6 12 company in writing thirty days prior to harvest in each year 6 13 to assess crop deficiency. 6 14 Sec. 3. NEW SECTION. 479.48 REVERSION ON NONUSE. 6 15 1. If a pipeline right-of-way, or any part of a pipeline 6 16 right-of-way, is wholly abandoned for pipeline purposes by the 6 17 relocation of the pipeline, is not used or operated for a 6 18 period of five years, or if the construction of the pipeline 6 19 has been commenced and work has ceased and has not in good 6 20 faith resumed for five years, the right-of-way may revert as 6 21 provided in this section to the person who, at the time of the 6 22 abandonment or nonuse, is the owner of the tract from which 6 23 such right-of-way was taken. For purposes of this section, a 6 24 pipeline is not considered abandoned or unused if it is 6 25 transporting product or is being actively maintained with 6 26 reasonable anticipation of a future use. 6 27 2. To effect a reversion on nonuse of right-of-way, the 6 28 owner or holder of purported fee title to such real estate 6 29 shall serve notice upon the owner of such right-of-way 6 30 easement and, if filed of record, successors in interest and 6 31 upon any party in possession of the real estate. The written 6 32 notice shall accurately describe the real estate in question, 6 33 set out the facts concerning ownership of the fee, ownership 6 34 of the right-of-way easement, and the period of abandonment or 6 35 nonuse, and notify the parties that such reversion shall be 7 1 complete and final, and that the easement or other right shall 7 2 be forfeited, unless the parties shall, within one hundred 7 3 twenty days after the completed service of notice, file an 7 4 affidavit with the county recorder of the county in which the 7 5 real estate is located disputing the facts contained in the 7 6 notice. 7 7 3. The notice shall be served in the same manner as an 7 8 original notice under the Iowa rules of civil procedure, 7 9 except that when notice is served by publication an affidavit 7 10 shall not be required before publication. If an affidavit 7 11 disputing the facts contained in the notice is not filed 7 12 within one hundred twenty days, the party serving the notice 7 13 may file for record in the office of the county recorder a 7 14 copy of the notice with proofs of service attached and 7 15 endorsed, and when so recorded, the record shall be 7 16 constructive notice to all persons of the abandonment, 7 17 reversion, and forfeiture of such right-of-way. 7 18 4. Upon reversion of the easement, the landowner may take 7 19 possession of and remove any pipe or pipeline facility 7 20 remaining on the property. 7 21 5. If a pipeline right-of-way is abandoned for pipeline 7 22 use, but the pipe is not removed from the right-of-way, the 7 23 pipeline company shall remain responsible for the additional 7 24 costs of subsequent tiling as provided for in section 479.47, 7 25 shall mark the location of the line in response to a notice of 7 26 proposed excavation in accordance with chapter 480, and shall 7 27 remain subject to the damage provisions of this chapter in the 7 28 event access to or excavation relating to the pipe is 7 29 required. The landowner shall provide reasonable access to 7 30 the pipeline in order to carry out the responsibilities of 7 31 this subsection. 7 32 Sec. 4. Section 479A.14, Code 1997, is amended to read as 7 33 follows: 7 34 479A.14 LAND RESTORATION – STANDARDS – INSPECTION. 7 35 1. The board shall adopt rules establishing standardsto8 1protect underground improvements during the construction of8 2pipelines, to protect soil conservation and drainage8 3structures from being permanently damaged by pipeline8 4construction, andfor the restoration of agricultural lands 8 5 after pipeline construction.To ensure that all interested8 6persons are informed of this rulemaking procedure and are8 7afforded a right to participate, the board shall schedule an8 8opportunity for oral presentations on the proposed rulemaking8 9and, inIn addition to the requirements of section 17A.4, the 8 10 board shall distribute copies of the notice of intended action 8 11 and opportunity for oral presentations to each county board of 8 12 supervisors. A county board of supervisors may, under chapter 8 13 17A and subsequent to the rulemaking proceedings, petition for 8 14 additional rulemaking to establish standardsto protect soil8 15conservation practices, structures, and drainage structures8 16 for land restoration after pipeline construction within that 8 17 county. Upon the request of the petitioning county, the board 8 18 shall schedule a hearing to consider the merits of the 8 19 petition.Rules adopted under this section do not apply8 20within the boundaries of a city, unless the land is used for8 21agricultural purposes.Rules adopted under this section shall 8 22 not apply to land located within city boundaries, unless the 8 23 land is used for agricultural purposes. Rules adopted under 8 24 this section shall address, but are not limited to, all of the 8 25 following subject matters: 8 26 a. Topsoil separation and replacement. 8 27 b. Temporary and permanent repair to drain tile. 8 28 c. Removal of rocks and debris from the right-of-way. 8 29 d. Restoration of areas of soil compaction. 8 30 e. Restoration of terraces, waterways, and other erosion 8 31 control structures. 8 32 f. Revegetation of untilled land. 8 33 g. Future installation of drain tile or soil conservation 8 34 structures. 8 35 h. Restoration of land slope and contour. 9 1 i. Restoration of areas used for field entrances and 9 2 temporary roads. 9 3 j. Construction in wet conditions. 9 4 k. Designation of a pipeline company point of contact for 9 5 landowner inquiries or claims. 9 6 2. The county board of supervisors shall cause an on-site 9 7 inspection for compliance with the standards adopted under 9 8 this section to be performed at any pipeline construction 9 9 project in the county. A licensed professional engineer 9 10 familiar with the standards adopted under this section and 9 11 registered under chapter 542B shall be placed in charge of the 9 12 inspection. The reasonable costs of the inspection shall be 9 13 borne by the pipeline company. 9 14 3. If the inspector determines that there has been a 9 15 violation of the standards adopted under this section, of the 9 16 land restoration plan, or of an independent agreement on land 9 17 restoration executed in accordance with subsection 10, the 9 18 inspector shall give oral notice, followed by written notice, 9 19 to the pipeline company and the contractor operating for the 9 20 pipeline company, and order corrective action to be taken in 9 21 compliance with the standards. The costs of the corrective 9 22 action shall be borne by the contractor operating for the 9 23 pipeline company. 9 244. As a part of the inspection process, the inspector9 25shall ascertain that the trench excavation has been filled in9 26a manner to provide that the topsoil has been replaced on top9 27and rocks and debris have been removed from the topsoil of the9 28easement area. An existing topsoil layer extending at least9 29one foot in width on either side of the pipeline excavation at9 30a maximum depth of one foot shall be removed separately and9 31shall be stockpiled and preserved separately during subsequent9 32construction operations, unless other means for separating the9 33topsoil are provided in the easement. The topsoil shall be9 34replaced so the upper portion of the pipeline excavation and9 35the crowned surface contain only the topsoil originally10 1removed.10 25.4.Adequate inspection ofThe inspector shall 10 3 adequately inspect underground improvements altered during 10 4 construction of a pipeline. The inspection shall be conducted 10 5 at the time of the replacement or repair of the underground 10 6 improvements.AnThe inspector shall be present on the site 10 7 at all times at each phase and separate activity of the 10 8 opening of the trench, the restoration of underground 10 9 improvements, and backfilling. The pipeline company and its 10 10 contractor shall keep all county inspectors continually 10 11 informed of the work schedule and any schedule changes. If 10 12 proper notice is given, construction shall not be delayed due 10 13 to the inspector's failure to be present on the site. 10 146.5. If the pipeline company or its contractor does not 10 15 comply with the orders of the inspector for compliance with 10 16 the standards, with the land restoration plan, or with an 10 17 independent agreement on land restoration executed in 10 18 accordance with subsection 10, the county board of supervisors 10 19 maydirect the county attorney to petition the district court10 20 petition the board for an order requiring corrective action to 10 21 be taken in compliance with the standards adopted under this 10 22 section. In addition, the county board of supervisors may 10 23 file a complaint with the board seeking imposition of civil 10 24 penalties pursuant to section 479A.16. 10 257.6. The pipeline company shall allow landowners and 10 26 inspectors to view the proposed center line of the pipeline 10 27 before commencing trenching operations to ensure that 10 28 construction takes place in the proper location. 10 298.7. An inspector may temporarily halt the construction 10 30 if the construction is not in compliance with this chapter and 10 31 the standards adopted underitthis chapter, the land 10 32 restoration plan approved by the board, or the terms ofthean 10 33 independent agreement with the pipeline company regarding 10 34topsoil removal and replacement, drainage structures, soil10 35moisture conditions, or the location of construction,line 11 1 location or land restoration executed in accordance with 11 2 subsection 10, until the inspector consults with the 11 3 supervisory personnel of the pipeline company.If the11 4construction is continued over the inspector's objection and11 5is found not to be in compliance with this chapter, the11 6standards, or the agreement, and is found to cause damage, a11 7civil penalty recovered under section 479A.16 as a result of11 8that violation shall be paid to the landowner.11 99.8. The board shall instruct inspectors appointed by the 11 10 county board of supervisors regarding the content of this 11 11 chapter and the standards and the inspectors' responsibility 11 12 to require construction conforming with them. 11 1310.9.An underground drain tile damaged, cut, or removed11 14shall be temporarily repaired and maintained as necessary to11 15allow for its proper function during construction of the11 16pipeline. If temporary repair is determined not to be11 17necessary, the exposed line shall be screened or otherwise11 18protected to prevent the entry of foreign material or small11 19animals into the tile line system.Prior to the initiation of 11 20 construction, the pipeline company shall file a written land 11 21 restoration plan with the board describing the methods and 11 22 procedures by which compliance with this section and the 11 23 standards adopted under this section will be achieved. The 11 24 board shall review this plan to insure that the requirements 11 25 of this section and rules adopted pursuant to this section are 11 26 met. After board review, the pipeline company shall provide 11 27 copies of the plan to all landowners of property that will be 11 28 disturbed by the construction. 11 2911.10. This section does not preclude the application of 11 30 provisions for protecting or restoring property that are 11 31 different than those prescribed in this section, in rules 11 32 adopted pursuant to this section, or in the land restoration 11 33 plan if the alternative provisions are contained in agreements 11 34 independently executed by the pipeline company and the 11 35 landowner, and if the alternative provisions are not 12 1 inconsistent with state law or with rules adopted by the 12 2 board. Independent agreements on land restoration or line 12 3 location between the landowner and pipeline company shall be 12 4 in writing and a copy provided to the county inspector. 12 5 11. For the purposes of this section, "construction" 12 6 includes the removal of a previously constructed pipeline. 12 7 12. The requirements of this section shall not apply to 12 8 pipeline projects that have received a certificate for the 12 9 federal energy regulatory commission prior to the effective 12 10 date of this Act. 12 11 Sec. 5. Section 479A.24, subsections 1 and 2, Code 1997, 12 12 are amended to read as follows: 12 13 1. Compensable losses shall include, but are not limited 12 14 to, all of the following: 12 15 a. Loss or reduced yield of crops or forage on the 12 16 pipeline right-of-way, whether caused directly by construction 12 17 or from disturbance of usual farm operations. 12 18 b. Loss or reduced yield of crops or yield from land near 12 19 the pipeline right-of-way resulting from lack of timely access 12 20 to the land or other disturbance of usual farm operations, 12 21 including interference with irrigation. 12 22 c. Fertilizer, lime, or organic material applied by the 12 23 landowner to restore land disturbed by construction to full 12 24 productivity. 12 25 d. Loss of or damage to trees of commercial or other value 12 26 that occurs at the time of construction or at the time of any 12 27 subsequent work by the pipeline outside of the area cleared 12 28 during construction. 12 291.e. The cost of moving or relocating livestock, and the 12 30 loss of gain by, or the death or injury of livestock caused by 12 31 the interruption or relocation of normal feedingof the12 32livestock due to the construction or repair of a pipeline is a12 33compensable loss and shall be so recognized by a pipeline12 34company. 12 35 f. Erosion on lands caused by construction. 13 1 2. A claim for damage for future crop deficiency within 13 2 the easement strip shall not be precluded from renegotiation 13 3 under section 6B.52 on the grounds that it was apparent at the 13 4 time of settlement unless the settlement expressly releases 13 5 the pipeline company from claims for damage to the 13 6 productivity of the soil. The landowner shall notify the 13 7 company in writing thirty days prior to harvest in each year 13 8 to assess crop deficiency. 13 9 Sec. 6. NEW SECTION. 479A.27 REVERSION ON NONUSE. 13 10 1. If a pipeline right-of-way, or any part of a pipeline 13 11 right-of-way, is wholly abandoned for pipeline purposes by the 13 12 relocation of the pipeline, is not used or operated for a 13 13 period of five years, or if the construction of the pipeline 13 14 has been commenced and work has ceased and has not in good 13 15 faith resumed for five years, the right-of-way may revert as 13 16 provided in this section to the person who, at the time of the 13 17 abandonment or nonuse, is the owner of the tract from which 13 18 such right-of-way was taken. Abandonment of pipeline 13 19 facilities requires approval from the federal energy 13 20 regulatory commission prior to this provision taking effect. 13 21 2. To effect a reversion on nonuse of right-of-way, the 13 22 owner or holder of purported fee title to such real estate 13 23 shall serve notice upon the owner of such right-of-way 13 24 easement and, if filed of record, successors in interest and 13 25 upon any party in possession of the real estate. The written 13 26 notice shall accurately describe the real estate in question, 13 27 set out the facts concerning ownership of the fee, ownership 13 28 of the right-of-way easement, and the period of abandonment or 13 29 nonuse, and notify the parties that such reversion shall be 13 30 complete and final, and that the easement or other right shall 13 31 be forfeited, unless the parties shall, within one hundred 13 32 twenty days after the completed service of notice, file an 13 33 affidavit with the county recorder of the county in which the 13 34 real estate is located disputing the facts contained in the 13 35 notice. 14 1 3. The notice shall be served in the same manner as an 14 2 original notice under the Iowa rules of civil procedure, 14 3 except that when notice is served by publication an affidavit 14 4 shall not be required before publication. If an affidavit 14 5 disputing the facts contained in the notice is not filed 14 6 within one hundred twenty days, the party serving the notice 14 7 may file for record in the office of the county recorder a 14 8 copy of the notice with proofs of service attached and 14 9 endorsed, and when so recorded, the record shall be 14 10 constructive notice to all persons of the abandonment, 14 11 reversion, and forfeiture of such right-of-way. 14 12 4. Upon reversion of the easement, the landowner may take 14 13 possession of and remove any pipe or pipeline facility 14 14 remaining on the property. 14 15 5. If a pipeline right-of-way is abandoned for pipeline 14 16 use, but the pipe is not removed from the right-of-way, the 14 17 pipeline company shall remain responsible for the additional 14 18 costs of subsequent tiling as provided for in section 479A.26, 14 19 shall mark the location of the line in response to a notice of 14 20 proposed excavation in accordance with chapter 480, and shall 14 21 remain subject to the damage provisions of this chapter in the 14 22 event access to or excavation relating to the pipe is 14 23 required. The landowner shall provide reasonable access to 14 24 the pipeline in order to carry out the responsibilities of 14 25 this subsection. 14 26 Sec. 7. Section 479B.20, Code 1997, is amended to read as 14 27 follows: 14 28 479B.20 LAND RESTORATION STANDARDS. 14 29 1. The board, pursuant to chapter 17A, shall adopt rules 14 30 establishing standards forthe protection of underground14 31improvements during the construction of pipelines or14 32underground storage facilities, to protect soil conservation14 33and drainage structures from being permanently damaged by14 34construction of the pipeline or underground storage facility,14 35and forthe restoration of agricultural lands after pipeline 15 1 or underground storage facility construction.To ensure that15 2all interested persons are informed of this rulemaking15 3procedure and are afforded a right to participate, the board15 4shall schedule an opportunity for oral presentations on the15 5proposed rulemaking, and, inIn addition to the requirements 15 6 of section 17A.4, the board shall distribute copies of the 15 7 notice of intended action and opportunity for oral 15 8 presentations to each county board of supervisors. Any county 15 9 board of supervisors may, under the provisions of chapter 17A, 15 10 and subsequent to the rulemaking proceedings, petition under 15 11 those provisions for additional rulemaking to establish 15 12 standardsto protect soil conservation practices, structures,15 13and drainage structuresfor land restoration after pipeline 15 14 construction within that county. Upon the request of the 15 15 petitioning county, the board shall schedule a hearing to 15 16 consider the merits of the petition.Rules adopted under this15 17section shall not apply within the boundaries of a city unless15 18the land is used for agricultural purposes.Rules adopted 15 19 under this section shall not apply to land located within city 15 20 boundaries, unless the land is used for agricultural purposes. 15 21 Rules adopted under this section shall address, but are not 15 22 limited to, all of the following subject matters: 15 23 a. Topsoil separation and replacement. 15 24 b. Temporary and permanent repair to drain tile. 15 25 c. Removal of rocks and debris from the right-of-way. 15 26 d. Restoration of areas of soil compaction. 15 27 e. Restoration of terraces, waterways, and other erosion 15 28 control structures. 15 29 f. Revegetation of untilled land. 15 30 g. Future installation of drain tile or soil conservation 15 31 structures. 15 32 h. Restoration of land slope and contour. 15 33 i. Restoration of areas used for field entrances and 15 34 temporary roads. 15 35 j. Construction in wet conditions. 16 1 k. Designation of a pipeline company point of contact for 16 2 landowner inquiries or claims. 16 3 2. The county board of supervisors shall cause an on-site 16 4 inspection for compliance with the standards adopted under 16 5 this section to be performed at any pipeline construction 16 6 project in the county. A licensed professional engineer 16 7 familiar with the standards adopted under this section and 16 8 registered under chapter 542B shall be responsible for the 16 9 inspection. A county board of supervisors may contract for 16 10 the services of a licensed professional engineer for the 16 11 purposes of the inspection. The reasonable costs of the 16 12 inspection shall be paid by the pipeline company. 16 13 3. If the inspector determines that there has been a 16 14 violation of the standards adopted under this section, of the 16 15 land restoration plan, or of an independent agreement on land 16 16 restoration executed in accordance with subsection 10, the 16 17 inspector shall give oral notice, followed by written notice, 16 18 to the pipeline company and the contractor operating for the 16 19 pipeline company and order corrective action to be taken in 16 20 compliance with the standards. The costs of the corrective 16 21 action shall be borne by the contractor operating for the 16 22 pipeline company. 16 234. As a part of the inspection process, the inspector16 24shall ascertain that the trench excavation has been filled in16 25a manner to provide that the topsoil has been replaced on top16 26and rocks and debris have been removed from the topsoil of the16 27easement area. An existing topsoil layer extending at least16 28one foot in width on either side of the pipeline excavation at16 29a maximum depth of twelve inches shall be removed separately16 30and shall be stockpiled and preserved separately during16 31subsequent construction operations, unless other means for16 32separating the topsoil are provided in the easement. The16 33topsoil shall be replaced so the upper portion of the pipeline16 34excavation and the crowned surface shall contain only the16 35topsoil originally removed.17 15.4.Adequate inspection ofThe inspector shall 17 2 adequately inspect underground improvements altered during 17 3 construction of the pipeline. The inspection shall be 17 4 conducted at the time of the replacement or repair of the 17 5 underground improvements.AnThe inspector shall be present 17 6 on the site at all times at each phase and separate activity 17 7 of the opening of the trench, the restoration of underground 17 8 improvements, and backfilling. The pipeline company and its 17 9 contractor shall keep all county inspectors continually 17 10 informed of the work schedule and any schedule changes. If 17 11 proper notice is given, construction shall not be delayed due 17 12 to the inspector's failure to be present on the site. 17 136.5. If the pipeline company or its contractor does not 17 14 comply with the orders of the inspector for compliance with 17 15 the standards, with the land restoration plan, or with an 17 16 independent agreement on land restoration executed in 17 17 accordance with subsection 10, the county board of supervisors 17 18 maydirect the county attorney to petition the district court17 19 petition the board for an order requiring corrective action to 17 20 be taken in compliance with the standards adopted under this 17 21 section. In addition, the county board of supervisors may 17 22 file a complaint with the board seeking imposition of civil 17 23 penalties under section 479B.21. 17 247.6. The pipeline company shall allow landowners and 17 25 inspectors to view the proposed center line of the pipeline 17 26 prior to commencing trenching operations to ensure that 17 27 construction takes place in its proper location. 17 288.7. An inspector may temporarily halt the construction 17 29 if the construction is not in compliance with the law and the 17 30 standards adopted pursuant to law, the land restoration plan, 17 31 or the terms ofthean independent agreement with the pipeline 17 32 company regardingtopsoil removal and replacement, drainage17 33structures, soil moisture conditions, or the location of17 34constructionline location or land restoration executed in 17 35 accordance with subsection 10, until the inspector consults 18 1 with the supervisory personnel of the pipeline company.If18 2the construction is then continued over the inspector's18 3objection and is found not to be in compliance with the law or18 4agreement and is found to cause damage, any civil penalty18 5recovered under section 479B.21 as a result of that violation18 6shall be paid to the landowner.18 79.8. The board shall instruct inspectors appointed by the 18 8 board of supervisors regarding the content of the statutes and 18 9 rules and the inspector's responsibility to require 18 10 construction conforming with the standards provided by this 18 11 chapter. 18 1210.9.Any underground drain tile damaged, cut, or removed18 13shall be temporarily repaired and maintained as necessary to18 14allow for its proper function during construction of the18 15pipeline or underground storage facility. If temporary repair18 16is not determined to be necessary, the exposed tile shall18 17nonetheless be screened or otherwise protected to prevent the18 18entry of any foreign material or small animals into the tile18 19line system.Petitioners for a permit for pipeline 18 20 construction shall file with the petition a written land 18 21 restoration plan showing how the requirements of this section, 18 22 and of rules adopted pursuant to this section, will be met. 18 23 The company shall provide copies of the plan to all landowners 18 24 of property that will be disturbed by the construction. 18 2511.10. This section does not preclude the application of 18 26 provisions for protecting or restoring property that are 18 27 different than those prescribed in this section, in rules 18 28 adopted under this section, or in the land restoration plan, 18 29 if the alternative provisions are contained in agreements 18 30 independently executed by the pipeline company and the 18 31 landowner, and if the alternative provisions are not 18 32 inconsistent with state law or with rules adopted by the 18 33 board. Independent agreements on land restoration or line 18 34 location between the landowner and pipeline company shall be 18 35 in writing and a copy provided to the county inspector. 19 1 11. For the purposes of this section, "construction" 19 2 includes the removal of a previously constructed pipeline. 19 3 12. The requirements of this section shall apply only to 19 4 pipeline construction projects commenced on or after June 1, 19 5 1998. 19 6 Sec. 8. Section 479B.29, subsection 1, Code 1997, is 19 7 amended to read as follows: 19 8 1. Compensable losses shall include, but are not limited 19 9 to, all of the following: 19 10 a. Loss or reduced yield of crops or forage on the 19 11 pipeline right-of-way, whether caused directly by construction 19 12 or from disturbance of usual farm operations. 19 13 b. Loss or reduced yield of crops or yield from land near 19 14 the pipeline right-of-way resulting from lack of timely access 19 15 to the land or other disturbance of usual farm operations, 19 16 including interference with irrigation. 19 17 c. Fertilizer, lime, or organic material applied by the 19 18 landowner to restore land disturbed by construction to full 19 19 productivity. 19 20 d. Loss of or damage to trees of commercial or other value 19 21 that occurs at the time of construction or at the time of any 19 22 subsequent work by the pipeline outside of the area cleared 19 23 during construction. 19 241.e. The cost of moving or relocating livestock, and the 19 25 loss of gain by or the death or injury of livestock caused by 19 26 the interruption or relocation of normal feedingof the19 27livestock caused by the construction or repair of a pipeline19 28or underground storage facility is a compensable loss and19 29shall be recognized by a pipeline company. 19 30 f. Erosion on lands caused by construction. 19 31 Sec. 9. NEW SECTION. 479B.32 REVERSION ON NONUSE. 19 32 1. If a pipeline right-of-way, or any part of the pipeline 19 33 right-of-way, is wholly abandoned for pipeline purposes by the 19 34 relocation of the line, is not used or operated for a period 19 35 of five years, or if the construction of the pipeline has been 20 1 commenced and work has ceased and has not in good faith 20 2 resumed for five years, the right-of-way may revert as 20 3 provided in this section to the person who, at the time of the 20 4 abandonment or nonuse, is the owner of the tract from which 20 5 such right-of-way was taken. For purposes of this section, a 20 6 pipeline is not considered abandoned or unused if it is 20 7 transporting product or is being actively maintained with 20 8 reasonable anticipation of a future use. 20 9 2. To effect a reversion on nonuse of right-of-way, the 20 10 owner or holder of purported fee title to such real estate 20 11 shall serve notice upon the owner of such right-of-way 20 12 easement and, if filed of record, successors in interest and 20 13 upon any party in possession of the real estate. The written 20 14 notice shall accurately describe the real estate in question, 20 15 set out the facts concerning ownership of the fee, ownership 20 16 of the right-of-way easement, and the period of abandonment or 20 17 nonuse, and notify the parties that such reversion shall be 20 18 complete and final, and that the easement or other right shall 20 19 be forfeited, unless the parties shall, within one hundred 20 20 twenty days after the completed service of notice, file an 20 21 affidavit with the county recorder of the county in which the 20 22 real estate is located disputing the facts contained in the 20 23 notice. 20 24 3. The notice shall be served in the same manner as an 20 25 original notice under the Iowa rules of civil procedure, 20 26 except that when notice is served by publication an affidavit 20 27 shall not be required before publication. If an affidavit 20 28 disputing the facts contained in the notice is not filed 20 29 within one hundred twenty days, the party serving the notice 20 30 may file for record in the office of the county recorder a 20 31 copy of the notice with proofs of service attached and 20 32 endorsed, and when so recorded, the record shall be 20 33 constructive notice to all persons of the abandonment, 20 34 reversion, and forfeiture of such right-of-way. 20 35 4. Upon reversion of the easement, the landowner may take 21 1 possession of and remove any pipe or pipeline facility 21 2 remaining on the property. 21 3 5. If a pipeline right-of-way is abandoned for pipeline 21 4 use, but the pipe is not removed from the right-of-way, the 21 5 pipeline company shall remain responsible for the additional 21 6 costs of subsequent tiling as provided for in section 479B.31, 21 7 shall mark the location of the line in response to a notice of 21 8 proposed excavation in accordance with chapter 480, and shall 21 9 remain subject to the damage provisions of this chapter in the 21 10 event access to or excavation relating to the pipe is 21 11 required. The landowner shall provide reasonable access to 21 12 the pipeline in order to carry out the responsibilities of 21 13 this subsection. 21 14 Sec. 10. EFFECTIVE DATE. This Act takes effect on June 1, 21 15 1998. 21 16 EXPLANATION 21 17 This bill amends similar Code sections in Code chapters 21 18 479, 479A, and 479B relating to pipelines, natural gas 21 19 pipelines, and hazardous liquid pipelines. 21 20 The bill requires the utilities board to establish 21 21 standards for the restoration of agricultural lands after 21 22 pipeline construction. The bill provides a number of 21 23 specified areas for which rules shall be provided and the 21 24 rules adopted shall not apply to land located within city 21 25 boundaries, unless the land is used for agricultural purposes. 21 26 The bill allows county boards of supervisors to petition for 21 27 rulemaking to establish standards for land restoration after 21 28 pipeline construction within that county. 21 29 The bill requires that inspections for compliance with 21 30 standards shall be conducted by licensed professional 21 31 engineers. The inspector shall inspect for violations of 21 32 standards adopted by the board, standards of a land 21 33 restoration plan, and standards of an independent agreement. 21 34 The bill requires the inspector to adequately inspect and to 21 35 be present on the site at certain times. The bill provides 22 1 that if proper notice is given, construction shall not be 22 2 delayed due to the inspector's failure to be present on the 22 3 site. The bill provides that if a pipeline company or its 22 4 contractor fail to comply with orders of the inspector, the 22 5 county board of supervisors may petition the utilities board 22 6 for an order requiring corrective action and the county board 22 7 of supervisors may file a complaint with the utilities board 22 8 seeking imposition of civil penalties. An inspector may 22 9 temporarily halt construction if construction is not in 22 10 compliance. 22 11 The bill provides that petitioners for a permit for 22 12 pipeline construction shall file with the petition a written 22 13 land restoration plan showing how compliance will be met. The 22 14 bill allows for the application of provisions for protecting 22 15 or restoring property that are different than those prescribed 22 16 by law, rules, or in a land restoration plan which are 22 17 contained in an agreement independently executed by the 22 18 pipeline company and landowner if the alternative provisions 22 19 are not inconsistent with state law or rule. 22 20 The bill provides for a list of compensable losses 22 21 including loss or reduced yield of crops or forage, material 22 22 applied by the landowner to restore land, loss of or damage to 22 23 trees, the cost of moving or relocating livestock, and erosion 22 24 of land. 22 25 The bill provides a method for the reversion of a right-of- 22 26 way to the owner of the tract of land from which the right-of- 22 27 way was taken when the pipeline right-of-way is wholly 22 28 abandoned for pipeline purposes. The bill provides notice 22 29 requirements and the method of service of notice to effect a 22 30 reversion on nonuse of a right-of-way. Upon reversion of the 22 31 easement, the landowner may take possession of and remove any 22 32 pipe or pipeline facility remaining on the property. The 22 33 pipeline company is responsible for certain costs when the 22 34 pipeline right-of-way is abandoned for pipeline use, but the 22 35 pipe is not removed. 23 1 The bill takes effect June 1, 1998. 23 2 LSB 3968XS 77 23 3 tm/jw/5.1
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